People v. Spann

December 11, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.GERARD SPANN, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J. at suppression hearing; Charles H. Solomon, J. at plea and sentence), rendered May 3, 2005, convicting defendant, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Andrias, Friedman, Catterson, Acosta, JJ

1458/04

Given the testimony of a trained and experienced member of a police Street Narcotics Enforcement Unit that, from a rooftop vantage point in a drug-prone location, he observed defendant retrieve two small objects from the area of his buttocks and hand them to a man and a woman in exchange for an unknown sum of United States currency, there is ample support in the record for the hearing court's determination that the officer had probable cause to arrest and search defendant (see People v Jones, 90 NY2d 835 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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